Letter: Support Lionel Tate's defense

Jeroline D. McCarthyPalm Coast

Published Saturday, May 05, 2001

NAACP member Sheryl Luster presented out-of-towners for Lionel Tate's defense team to turn a negative to a positive in the interest of all children. A snapshot of 14-year-old Lionel Tate's murder conviction was a report for the recent Flagler County NAACP meeting at Palm Coast Community Center.

Suppressing information was revealed by Bishop Dr. James Higginbotham, pastor of South Street Mission in Akron, Ohio, and the Rev. Dr. Lois Delevoe, publisher of the Fort Lauderdale ''Focus On The Community.'' They had taken a pause from Lionel's defense team of Johnny Cochran, the Rev. Al Sharpton, Brother Malik Zulu Shabazz, Brother Quannell X, Minister Desmond Muhammad and Lionel's attorneys -- Richard L. Rosenbaum and James S. Lewis. It is noteworthy that folks have left busy lives to help young Lionel.

Lionel was sentenced to life in prison on March 9 -- the mandatory sentence without parole for first-degree murder -- for the 1999 accidental slaying of 6-year-old Tiffany Eunick while imitating pro wrestlers. ''Lionel Tate was 12 years of age, and his little playmate whom he loved very much was his cousin,'' Dr. Delevoe said.

Paramedics broke her ribs, severed part of her liver and caused extensive, internal injuries in an attempt to resuscitate Tiffany. But the efforts failed, and because her body was badly injured, Assistant State Attorney Kenneth Padowitz chose to take to the grand jury the accident of two children playing and fighting for a first-degree indictment. ''The insurance company determined it was an accidental death and paid the full benefit in excess of $100,000,'' Dr. Higginbotham said.

The plot thickens when the media presented the case ''as though Tiffany was viciously attacked savagely beaten, stomped and kicked,'' continued Dr. Higginbotham. ''More vicious crimes by the prosecutor have not been tried this way.'' Even mass murderers like Charles Manson can go before the parole board, and hypothetically, NASCAR drivers could be charged with murder in the death of Dale Earnhardt. ''The forensic reports available to us determined there was a serious problem, and under the felony abuse law in the state of Florida, any two children playing on a playground, if any one of these children is fatally injured, they don't have to prove the child was meant to be hurt, all they have to do is show the child was hurt. This could be your child or grandchild.''

Bishop Dr. Higginbotham said that Lionel is four years behind his age of maturity. If he were found guilty under the juvenile law, he would have only served six months even if the injuries were intentional.

''So someone had to stand to benefit from the prosecution,'' Bishop Dr. Higginbotham said. ''We learned that the prosecutor had tried to gain a judgeship for at least two times or more, but failed. He used the pattern of a predecessor, who used a case he prosecuted viciously, and who was able to get his conviction, and then turned around and asked for mercy in order to show he was doing a good job.''

The Broward County boy served time in an adult jail before Gov. Jeb Bush directed his release to a juvenile detention center. The defense attorney had rejected a plea deal from the prosecution of three years in a juvenile center, followed by a year of house arrest and 10 years of probation and counseling. ''The plea bargain was not a good deal for an innocent child,'' Rev. Dr. Delevoe said.

The defendants had tried to present more evidence, but Judge Joel Lazarus blocked the defense from calling wrestling stars Hulk Hogan and the Rock as witnesses, or summoning psychologists to testify about the effect of pro wrestling involving children. Dr. Higginbotham and Dr. Delevoe argued that action must be taken against this gross injustice.

But as late as April 13, the Miami Herald reported that the Broward state attorney has investigated what Kathleen Grossett-Tate was doing the night her son accidentally killed Tiffany. Ms. Tate's ex-boyfriend, Vernon Slater, was subpoenaed and has given a statement to the state attorney.

Log on summoning the governor to help at jeb.bush@myflorida.com. For late-breaking news, visit Ms. Luster's Web site, www.angelfire.com/fl4/ourvoices/and e-mail at LionelTateforchildren@yahoo.com. Help to change the law by also sending a check to the Lionel Tate Trust fund, First Union Bank, Routing #607006432, Account #3000031016772, and mail to P.O. Box 12781, Fort Lauderdale, FL 33312.